Issue
The issue in this case is whether or not it was reasonable of me to hit a tree trunk while attempting to reverse the trooper, in the course of buying food for my family to buka puasa.
Laws and Principles
By virtue of Section 80 of the Penal Code, Accident is not mere chance. It is defined as an act by which it is caused is not done with the intent of causing it and when its occurrence as a consequence of such act is not so probable that a person of ordinary prudence ought, under the circumstances in which it is done, to take reasonable precautions against it.
Misfortune on the other hand is defined as an instance of bad luck and that it is something which is not designed nor desired but has simply happened in evil plight.
According to Section 84 and the M’Nagthen rules, in order for a person to obtain benefit under the defence of insanity, he or she must be able to prove three elements. The elements are that a person needs to prove that he was incapable of knowing the nature of his act, or that the act was contrary to law or that the act was wrong.
By virtue of Section 85 of the Penal Code, intoxication is defined as a state of stupefaction induced by alcohol or narcotics. In Prof. Halim’s class, he also mentioned that it is possible for one to be intoxicated with love. In my opinion, it is definite that one can be intoxicated with so much anger so as to cause her to act irrationally.
Section 85(2) states that there are 2 situations whereby a person can bring about the defence of intoxication. They are as follows:
S.85 (2) (a) that the intoxication was caused without the consent of that person by the malicious or negligent act of another person or;
S.85 (2) (b) the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission.
By virtue of Section 80 of the Penal Code, Accident is not mere chance. It is defined as an act by which it is caused is not done with the intent of causing it and when its occurrence as a consequence of such act is not so probable that a person of ordinary prudence ought, under the circumstances in which it is done, to take reasonable precautions against it.
Misfortune on the other hand is defined as an instance of bad luck and that it is something which is not designed nor desired but has simply happened in evil plight.
According to Section 84 and the M’Nagthen rules, in order for a person to obtain benefit under the defence of insanity, he or she must be able to prove three elements. The elements are that a person needs to prove that he was incapable of knowing the nature of his act, or that the act was contrary to law or that the act was wrong.
By virtue of Section 85 of the Penal Code, intoxication is defined as a state of stupefaction induced by alcohol or narcotics. In Prof. Halim’s class, he also mentioned that it is possible for one to be intoxicated with love. In my opinion, it is definite that one can be intoxicated with so much anger so as to cause her to act irrationally.
Section 85(2) states that there are 2 situations whereby a person can bring about the defence of intoxication. They are as follows:
S.85 (2) (a) that the intoxication was caused without the consent of that person by the malicious or negligent act of another person or;
S.85 (2) (b) the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission.
Application
By applying the laws and principles above, it can be submitted that it is possible for me to bring about the defence of accident since my act of hitting the tree trunk was without any criminal intention, or any other intention for the matter, and that a reasonable person would not have exercised extra precaution as she would never have expected there to be a great big branch dangling out of nowhere.
It is also possible for me to bring about the defence of insanity as my cognitive and intellectual faculties were temporarily impaired by my unsoundness of mind as I was in a state of anger and it was not possible for me to know the consequences of my act of reversing the trooper, and that it was wrong or contrary to law.
I may also bring about the defence of intoxication, because as I have stated earlier, I feel that it is possible for one to be intoxicated with so much anger in her. I may also obtain benefit under this defence because I was temporarily insane at the time of committing the act of hitting the infamous tree trunk.
By applying the laws and principles above, it can be submitted that it is possible for me to bring about the defence of accident since my act of hitting the tree trunk was without any criminal intention, or any other intention for the matter, and that a reasonable person would not have exercised extra precaution as she would never have expected there to be a great big branch dangling out of nowhere.
It is also possible for me to bring about the defence of insanity as my cognitive and intellectual faculties were temporarily impaired by my unsoundness of mind as I was in a state of anger and it was not possible for me to know the consequences of my act of reversing the trooper, and that it was wrong or contrary to law.
I may also bring about the defence of intoxication, because as I have stated earlier, I feel that it is possible for one to be intoxicated with so much anger in her. I may also obtain benefit under this defence because I was temporarily insane at the time of committing the act of hitting the infamous tree trunk.
Conclusion
In conclusion, a trooper is not easy to maneuver, and it will be quite some time before I attempt to do any reverse parkings. I also feel that my chances of getting a car of my own has slightly reduced. I will keep on naikking the komuter setiap hari supaya mereka kesian. =P. And in conclusion saya love Mr. Brightside eventhough dia gelakkan saya langgar pokok (even though this is irrelevant to the instant case, I know). Tq for dropping by yesterday night. It made me feel a lil’ better. Tapi saya still nak waffles. Jahat dah kat OU pon tamau belikan. Thihhihihihih.
Tq world for listening to me crap. Watch out for next fasting month, I might hit something else, God forbid. Setiap tahun langgar something. Haih….
In conclusion, a trooper is not easy to maneuver, and it will be quite some time before I attempt to do any reverse parkings. I also feel that my chances of getting a car of my own has slightly reduced. I will keep on naikking the komuter setiap hari supaya mereka kesian. =P. And in conclusion saya love Mr. Brightside eventhough dia gelakkan saya langgar pokok (even though this is irrelevant to the instant case, I know). Tq for dropping by yesterday night. It made me feel a lil’ better. Tapi saya still nak waffles. Jahat dah kat OU pon tamau belikan. Thihhihihihih.
Tq world for listening to me crap. Watch out for next fasting month, I might hit something else, God forbid. Setiap tahun langgar something. Haih….
1 comment:
merepek je..heheehe
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